These Terms of Service ("Terms") govern your access to and use of this service. By creating an account or using the service, you agree to these Terms.
1. Contracting Party
This contract is entered into directly with Lorin Steiner operating as an individual enterprise (Einzelunternehmen), with its registered address at Quellenweg 6,9404, Switzerland.
2. Use of the Service
You agree to use the service only for lawful purposes and in accordance with these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
3. Fees and Payment
Where the service offers paid plans, the applicable fees and billing terms are presented to you before purchase. Fees are non-refundable except where required by mandatory applicable law.
4. Limitation of Liability
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the service or these terms — whether in contract, tort (including negligence), or otherwise — shall not exceed the greater of (a) the total amount actually paid by you for the service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (US $100).
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, regardless of the theory of liability.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory applicable law (including, for EU and UK consumers, liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation).
5. Termination
You may terminate your account at any time. We may suspend or terminate your access if you breach these Terms. Upon termination, your right to use the service ceases immediately.
6. Dispute Resolution (US & Canadian Customers)
This section applies only if you are a resident of the United States or Canada. Please read it carefully — it affects your legal rights.
Informal Resolution
Before initiating formal proceedings, you agree to contact us at lorin.steiner@bluewin.ch and attempt to resolve the dispute informally for at least thirty (30) days.
Binding Arbitration
If we cannot resolve the dispute informally, you and we each agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the service through binding arbitration administered under the Rules of Arbitration of the International Chamber of Commerce (ICC). The seat of arbitration shall be Zurich, Switzerland. The arbitration shall be conducted in English by a single arbitrator. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action & Jury Trial Waiver
You and we each waive the right to a trial by jury. You and we each waive the right to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small-claims court for disputes within the court's jurisdictional limits.
7. Governing Law & Jurisdiction
This agreement is governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the courts of Canton St. Gallen, Switzerland.
Where mandatory local consumer-protection laws of your country of residence grant you rights that cannot be waived by contract, those rights shall apply to the extent required. In particular, nothing in these Terms affects the statutory rights of consumers in the European Union or the United Kingdom under applicable mandatory consumer legislation.